Bryant et al v. USA et al

Filing 61

ORDER GRANTING 59 Joint MOTION for Settlement and Good Faith Finding of Settlement filed by Patoya Bryant and Southern Illinois Hospital Services, Sean Cobbs. Counts 9, 10, 13 and 14 of plaintiff's complaint are dismissed with prejudice. Southern Illinois Hospital Services terminated. Each party to bear their respective costs. See Order for details. Signed by Chief Judge David R. Herndon on 7/9/12. (klh, )

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CSC, a minor, by his parents and next friends,
PATOYA BRYANT and SEAN COBBS, and
PATOYA BRYANT and SEAN COBBS,
individually,
Plaintiff,
v.
UNITED STATES OF AMERICA, et al.,
Defendants,

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Case No. 2010-cv-0910-DRH-SCW

ORDER APPROVING SETTLEMENT AND DISMISSAL OF CLAIMS
Cause called on Joint Motion for Good Faith Finding of Settlement Agreement and
Release of All Claims. Plaintiffs, CSC, a Minor, By His Parents and Next Friends, Patoya
Bryant and Sean Cobbs, and Patoya Bryant and Sean Cobbs, Individually (collectively
“Plaintiffs”), appear by their attorney, Robert Baizer. Defendant, Southern Illinois Hospital
Services d/b/a Memorial Hospital of Carbondale (“SIH”), appears by its attorney, Michelle M.
Drake. All parties announce their consent to the Motion for Good Faith Finding and for other
orders. Evidence adduced.
On the basis of the evidence adduced, the pleadings and the records on file, the Court
makes the following findings, conclusions and orders:
1.

Plaintiffs claim that CSC, a minor, sustained certain injuries in July 2009, as a

result of the alleged negligence of SIH and the United States of America.
2.

The Court finds that plaintiffs have been advised of their right to a jury trial

against SIH. Plaintiffs waive that right and ask this Court to approve a settlement with SIH.
3.

The Court finds that the Settlement Agreement and Release of All Claims

(“Agreement”) that has been agreed to by plaintiffs, is fair and reasonable and in the best
interests of plaintiffs. The Court finds the settlement to have been made in good faith after an

arms-length negotiation. Pursuant to the terms of the Agreement, the Court orders the total
settlement between plaintiffs and SIH to be in a confidential amount as is reflected in the
Agreement executed by plaintiffs. The Court concludes and orders that the Agreement be
binding upon plaintiffs and SIH. The Court further orders that the Agreement shall be a bar to
any other action by plaintiffs against SIH and its parents, subsidiaries, affiliated companies,
predecessors, successors, officers, employees, agents, assigns, insurers and all other associated
persons, firms, trusts, insurance companies, and corporations, relative to the matters set forth in
Plaintiffs’ Complaint.
4.

The Court further orders that Counts 9, 10, 13 and 14 of the plaintiffs’ Complaint

are dismissed with prejudice. Each party to bear their respective costs.
5.

The Court further orders that SIH is discharged from any and all liability to any

person or entity, including any other alleged tortfeasor, by virtue of the provisions of the Joint
Tortfeasor Contribution Act of Illinois, 740 ILCS 100/2(c) and (d).
6.

Plaintiffs’ claims and causes of action against the remaining defendant are not
Digitally signed by David
R. Herndon
Date: 2012.07.09
09:39:10 -05'00'

dismissed by this Order.

Chief Judge
United States District Court

DATED: July 9, 2012

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